San Diego Spousal Support Lawyer
If your partner makes significantly more money than you do, you may believe that a divorce will leave you struggling to make ends meet. However, this does not have to be the case.
With the help of an experienced family law attorney, like those here at the San Diego Divorce Lawyers, APC, in San Diego, you may be able to claim spousal support that will allow you to maintain your current standard of living. Give us a call at (619) 866-3756 or contact us online to get legal assistance.
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How the San Diego Divorce Lawyers, APC, Can Help You Fight for Spousal Support
The knowledgeable attorneys here at the San Diego Divorce Lawyers, APC, are committed to fighting hard on behalf of our clients.
When you come to us for assistance with your pursuit of spousal support, we will:
Gather Evidence to Support Your Claim for Spousal Support
Simply telling the court that you would like spousal support is unlikely to result in an award in your favor. If you want to improve your chances of receiving alimony from your spouse, you will need to prove that you need it to maintain your current standard of living. You will also need to show that your spouse can afford to pay you.
Our attorneys have been practicing family law for years. As such, we know what judges need to see and hear to issue a spousal support order. When you hire us, we will gather as much evidence as we possibly can to support your claim for alimony.
Negotiate with Your Spouse’s Attorney
If your separation from your spouse is relatively amicable, it may be possible to resolve your alimony claim by negotiating with their divorce lawyer, rather than taking the matter to court.
Of course, if you wish to ensure that you are not short-changed, you will need to have an experienced negotiator represent you throughout the process.
The lawyers here at the San Diego Divorce Lawyers, APC, have negotiated countless alimony agreements over the years. When we are on your side, you can be confident that you will be well represented at the negotiating table.
Represent You in Family Court
If your spouse and their attorney are unwilling to resolve your alimony claim through the negotiation process, you will most likely need to take your case to family court. There, a judge will review your claim, your spouse’s finances, and a variety of other factors before deciding whether or not you should receive any alimony.
At the San Diego Divorce Lawyers, APC, we understand that this courtroom battle will have a huge bearing on your financial future. As such, when you hire us, we will be by your side every step of the way – making sure that you get a fair hearing in front of the judge.
The skilled attorneys here at the San Diego Divorce Lawyers, APC, have been representing the people of San Diego in the divorce and spousal support cases for years. During that time, we have achieved countless favorable outcomes for our clients. If you would like to have our legal team help you with your fight for alimony, just give us a call today to set up a consultation.
What is Spousal Support?
When a married couple gets divorced, the court may decide to award spousal support (or alimony) to one party. Such a support order is issued to limit the unfair economic effects of the divorce on that party by providing them with a continued source of income.
Spousal support payments are often ordered if one party chose to forego their career or education to support their spouse. They may also be ordered in cases where one party would not be able to return to work after the divorce without interfering with the interests of their children.
Spousal support payments are almost always made on a monthly or bi-weekly basis. However, in rare cases, the court may rule that a portion of the alimony is to be paid in a lump sum.
During the divorce process, spousal support is typically one of the last issues to be addressed. Child support payments and marital asset division are almost always given precedence by the court.
In the state of California, there are two main types of spousal support. They are:
Temporary Spousal Support
When a couple signals their intention to divorce, the state of California may award temporary spousal support to one party. These payments are intended to help that party maintain their standard of living until the divorce can be finalized.
Permanent Spousal Support
When the divorce papers have been signed, California courts put a stop to all temporary spousal support payments. These payments can then be replaced by permanent spousal support.
Permanent support of this nature is intended to help the receiving party maintain their standard of living well into the future.
The family law attorneys here at the San Diego Divorce Lawyers, APC, are experts on the matter of divorce and spousal support. If you are separating from your partner and need a skilled lawyer to help you through the process, please give us a call as soon as possible.
How Do California Courts Determine Temporary Spousal Support?
Temporary spousal support often needs to be granted quickly to ensure that the receiving spouse does not suffer any undue financial hardship. As such, California courts typically calculate the size of these payments using a formula that includes factors such as:
- The income of the supporting spouse
- The income of the receiving spouse
- Any relevant child support payments
- The marketable job skills of the receiving spouse
- Health insurance expenses
Do you need temporary spousal support to help tide you over until your divorce is finalized? The San Diego Divorce Lawyers, APC, in San Diego, may be able to help. To set up an initial consultation with a member of our team, just give us a call or contact us online.
How Do California Courts Determine Permanent Spousal Support?
In the state of California, the size and duration of spousal support payments are determined by looking at a wide range of different factors – as outlined in section 4320 of the California Family Code. These factors include:
- The extent to which the earning capacity of both parties is sufficient to maintain the current standard of living
- The extent to which the supported party contributed to the education or training of the paying spouse
- The supporting party’s ability to pay spousal support
- The value of the couple’s marital property
- The length of the marriage
- The ability of the party that is receiving support to engage in gainful employment
- The age and general health of both parties
- Any evidence of domestic abuse
- The tax consequences of the alimony payments
- The goal that the supported party should achieve financial independence within a reasonable period of time
Do you believe that you should receive spousal support as part of your divorce? Contact the San Diego Divorce Lawyers, APC, in San Diego, today to find out for sure if you are eligible for alimony and learn more about the legal process.
How Long Does Permanent Spousal Support Last in California?
When awarding spousal support, judges in the state of California pay close attention to the length of the marriage. They do so because they understand that this metric plays a sizeable role in determining how long the supporting party will need to keep making payments.
Generally speaking, marriages that last less than 10 years are considered “short term” by the state of California. Spousal support orders for marriages with this classification typically have a fixed term. That term is usually half the length of the marriage.
So, if a judge rules that one party to an eight-year marriage should receive spousal support, they will likely cap the duration of those alimony payments at four years. The recipient is to petition the court to have this period extended, however.
Once a marriage passes the 10-year mark, the state of California usually classifies it as a “long term” marriage. In such a case, the court may order that the supporting party continues paying alimony indefinitely.
If the receiving party becomes more financially independent in the future, the supporting party may petition the court to order a stop to the payments. In doing so, they will generally need to provide proof that the receiving party no longer needs their financial support.
The skilled lawyers here at the San Diego Divorce Lawyers, APC, have been helping San Diegans with their spousal support and divorce cases for years. If you would like to have us represent you in your battle for alimony, please reach out and set up an initial consultation.
Need Help Fighting for Spousal Support? Contact the San Diego Divorce Lawyers, APC Today
When the people of San Diego need an attorney to help them fight for spousal support, they know that there is only one law firm they need to turn to – the San Diego Divorce Lawyers, APC. We have the experience and expertise needed to handle even the most complex cases.